Legal Opinion

Development Co. of America v. King

Court of Appeals for the Second Circuit

Decided May 19, 1909No. 236PublishedCited by 9 opinions

In Error to the Circuit Court of the United States for the Southern District of New York. On writ of error to review a judgment entered upon the verdict of' a jury in the Circuit Court for the Southern District of New York, for $8,271.46 in favor of George H. King, who was the plaintiff below. The decision on the previous appeal to this court is reported in 161 Eed. 91, 88 C. C. A. 255.

1Opinion of the Court

COXE, Circuit Judge.

The facts appear sufficiently in the opinion-of this court upon the former appeal and need not-be restated. Notwithstanding the opinion of Judge Ward (161 Eed. 93, 88 C. C. A. 255), in which he dissented from the interpretation, by the majority of the court, of the order of July 23 d, and notwithstanding, also, the opinion of the writer in Meyerson v. Hart (C. C. A.) 167 Fed. 965, we feel constrained to follow the former decision. The mere fact that the personnel of the court has changed furnishes no reason for departing from the construction heretofore placed upon the…

2Cases cited1 opinion

  1. Meyerson v. HartCourt of Appeals for the Second Circuit · 1909

3Cited by9 opinions

  1. Luminous Unit Co. v. Freeman-Sweet Co.Court of Appeals for the Seventh Circuit · 1924
  2. William H. Beggs and Mary Clark Beggs v. Dougherty Overseas, Inc.Court of Appeals for the Second Circuit · 1961
  3. Ryan v. Mineral County High School DistrictColorado Court of Appeals · 1915
  4. Washington Post Co. v. ChalonerCourt of Appeals for the D.C. Circuit · 1917
  5. Cromwell v. SimonsCourt of Appeals for the Second Circuit · 1922

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